Updated on: May 17th, 2024
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5 min read
As you climb up the ladder in your profession, it is commonly seen that the employer provides a car to ensure an easy commute for such employees. Such a car can be owned by the employer or the employee. In addition, the expenses related to the car can be sponsored by the employer or not. The car may be used for personal reasons at times, leading to confusion in the minds of employees in terms of tax liability. Here is a list of possibilities and their respective tax liabilities.
Irrespective of who owns the car, if the car provided by the employer is used solely for official purposes, no tax liability exists. For this to be non-taxable, the employer must maintain proper records as given below:
When the car provided by the employer is used for personal purposes in addition to official ones, the expenditure will be considered under Rule 3(2)(A) and Table II of Value of Perquisites. The table below provides further information on the same.
Description | Cubic Capacity within 1.6 litre | Cubic Capacity exceeding 1.6 litre |
Expenses reimbursed by the employer | Rs.1,800 + Rs.900 (if a driver is provided by the employer) per month. | Rs.2,400 + Rs.900 (if the driver is provided by the employer) per month. |
Expenses directly met by the employee | Rs.600 + Rs.900 (if the driver is provided by the employer) per month. | Rs.900 + Rs.900 (if the driver is provided by the employer) per month. |
If the car provided by the employer is solely used for personal reasons and if the expenditure is borne by the employer completely, the entire amount will be taxable. No benefit can be availed by the employee in this regard. The amount reimbursed will be mentioned in the payslip and can be taxed according to the applicable income tax slab. Any amount recovered by the employer from the employee will be reduced in computing the taxable amount.
In a case where the car is owned by the employee and running and maintenance expenses are met or reimbursed by the employer:
Description | Cubic Capacity within 1.6 litre | Cubic Capacity exceeding 1.6 litre |
Expenses reimbursed by the employer | Rs.1,800 + Rs.900 (if a driver is provided by the employer) | Rs.2,400 + Rs.900 (if the driver is provided by the employer) |
Expenses directly met by the employee | Rs.600 + Rs.900 (if the driver is provided by the employer) | Rs.900 + Rs.900 (if the driver is provided by the employer) |
As a method of tax planning, employees typically look into HRA exemption, Section 80C, and Section 80D to reduce their tax liability. Now, because of the new regime, such deduction also lost its shine. Now, you can leverage this provision to reduce their tax liability when purchasing a car. This option can be exercised irrespective of the tax regime that you choose.
Employers provide FBP - A flexible benefit plan where employees can structure their salary component. Such an employee desiring to purchase the car can now contact his employer to get such a car on lease. i.e. instead of the employee paying the lease for such purchase, the Employer will bear such cost and charge it against the employee's salary. Now, how will this help employees save tax liability, Here is an example
Consider that Mr W, who is an employee of Kumar Associates Ltd., has taken a car on lease and provided it to the new manager, Mr W. This car is permitted by the employer to be used both for personal and official purposes.
Such a car comes with a monthly lease payment of Rs 50,000, and terms are set in such a way that after the lease term of 4 years, such Car will be transferred to Mr W at notional value (Since the car is fully depreciated).
Now, Income tax computation will be as follows when you restructure the salary component.
Particular | Without Car Lease | With Car Lease |
CTC | 50,00,000 | 50,00,000 |
Salary Component of the above CTC | ||
Basic Salary | 25,00,000 | 22,00,000 |
HRA | 12,50,000 | 11,00,000 |
Other Allowances | 12,50,000 | 11,00,000 |
Car Lease Payment | 0.00 | 600,000 |
Gross Salary | 50,00,000 | 44,00,000 |
Add: Perquisites for Car | 0 | 28,800.00 |
Income under the head Salary | 50,00,000 | 44,28,800 |
Tax Liability (including cess) | 12,32,400 | 10,54,186 |
Because of the above restructuring of the salary, you will observe that the tax liability of the employee will be reduced by nearly Rs 2 lakhs every year for the next 4 years.
If the employer does not provide a driver for this car. Let us say that the car’s cubic capacity is above 1.6 litres. In this case, the perquisites will be Rs.2,400 per month, i.e. Rs.28,800 per annum. Rs.900 is not included here as the employer has not provided a driver for the car as per the statement above. Even if the employer provides the manager with Rs.1 lakh as reimbursement, the value of the perquisite taxable would be Rs.39,600. The difference between the value of perquisites and the reimbursement will not be taxable for him.
If your employer provides one car for your use and another car for your family member’s use, the benefits from the value of perquisites will be applicable to only one car. The other car will be considered solely for personal purposes and will not be eligible for any tax benefits.
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Employees should be aware of tax liabilities related to employer-provided cars, depending on usage (official, personal, or mixed). Tax planning through FBP can help save liability. An example showcases how restructuring salary with car lease can reduce tax liability significantly annually.